BANWARILAL Vs. LATA

JUDGEMENT

(1.) THIS is an appeal filed by the husband (original petitioner) challenging the judgment passed by the learned Second Additional District Judge, Khamgaon allowing the appeal filed by the wife and setting aside the judgment and decree of divorce granted by the learned trial Judge.

(2.) THE appellant -husband filed the petition praying for decree for restitution of conjugal rights and alternatively for dissolution of marriage and for decree of divorce. The appellant -husband contended that the marriage between the appellant and the respondent was solemnized in June, 1989 and the respondent cohabited with him till 30 -10 -1990. The appellant stated that during this period, the respondent -wife used to regularly visit her parental house and her behaviour with the elderly persons in the matrimonial house was not proper. The appellant -husband stated that she left her matrimonial house along with her father on 31 -10 -1990 and while leaving, she left the four month old child at the husband's house. The appellant contended that the respondent -wife issued false notice dated 6 -11 -1990 through her Advocate which was replied by him on 16 -11 -1990. It is stated that on 17 -11 -1990, the appellant's father, along with some respectable persons went to the parental house of the respondent -wife at Pandharkawda and persuaded her to return to the matrimonial house. However, the respondent -wife insisted that the appellant should reside separately from his parents and that the child should be first brought to Pandharkawda.

(3.) THE respondent -wife filed the written statement and opposed the claim made by the appellant. She reiterated her allegations of demand of Rs. 10,000/ - by the appellant and his mother. The respondent stated that after the birth of her son - Purshottam, in spite of intimation, the appellant had not visited her for about one month. She reiterated her allegations of ill treatment. The respondent stated that the appellant was not having intentions to cohabit with her. She stated that when she was pregnant for the second time, she was sent to her parental house along with her father where she gave birth to second son - Sevakram. She denied the averments made by the appellant about giving of threats by the respondent and prayed for dismissal of the petition.